SATISH KUMAR Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The petitioner in this bail petition has applied for giant of extension of interim bail for a period of three months under Section 439 of she Code of Criminal Procedure. The petitioner has been accused of an offence under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985. He was arrested on 1-5-1987. He lias been making applications for grant of bail/interim bail and this is the fourth application which is under consideration. The petitioner, as usual, has alleged that the is innocent and there is no evidence against worth the name to connect him with she commission of the offence and he has been falsely implicated. Hon'ble Ms. Justice Santosh Duggal on 3rd March, 1989 in the petition registered as Cr.M. (M) No. 125 of 1989 granted interim bail for aperiod of four weeks from the date of his release on compliance of certain conditions, in cennection with the illness of his wife who was to be operated upon for severe appendicitis. The operation of the wife of the petitioner for appendicitis was performed by the doctors on 10.5.1989 and for post operational care, the, Court vide order dated 5th May, 1989 in Cr. M(M) 487 of 1989 extended the bail for a period of four weeks and directed the patitioner to surrender before the authorities concerned on or before 13.6.1989. The petitioner again has come up with this present petition with the same prayer that the wife of the petitioner has not fully recovered from the 1st major operation of the appendicitis and yet has developed another complication i.e. TOMASS infaction and required another major surgery. He has also annexed certain medical certificates of private doctors as a testimony in support of the disease of the wife of the petitioner. Since according to the petitioner he is looking after his wife at home, taking her to hospital continuously and therefore further extension of interim bail is required for a period of three months to enable him to have his wife operated apon for other complications as the interim bail already pranted is only upto 13.6.1989.

(2.) On 31.5.1989 notice of the application waa given by the Court to the State for 7th June, 1989 and on 7th June, 1989 State's counsel opposed this application at the time of hearing. Admittedly the offence of which the petitioner has been accused of is punishable for imprisonment for more than five years.

(3.) The jurisdiction and powers of the Court to grant bail have been conferred under Section 37 of the Narcotic Drugs and Psychotropic Subs- tances (Amendment) Act, 1988 Section 12. This aforementioned Amend- ment Act of 1988 has been enforced in whole of India by the Government of India vide notification dated 29th May, 1989. The Section 37 may be repro- duced below:-